S.L. 330.20 Art. 11Offences.     Cap. 9.

(1) Any person who:

(a) fails to comply with any order or directive issued by the Authority under the DORA Regulation, the Act, these regulations or any regulations issued thereunder which implement the DORA Regulation;

(b) without reasonable excuse alters, suppresses, conceals, destroys or refuses to produce any document which he is lawfully required to produce under the DORA Regulation, the Act, these regulations or any regulations made or rules issued thereunder which implement the DORA Regulation;

(c) for the purposes of, or pursuant to, any of the provisions of the DORA Regulation, the Act, these regulations or of any regulations or Rules issued thereunder, or any condition, obligation, requirement, directive or order made or given as aforesaid, furnishes information or makes a statement which he knows to be inaccurate, false or misleading in any material respect, or recklessly furnishes information or makes a statement which is inaccurate, false or misleading in any material respect;

(d) intentionally obstructs a person from exercising rights or powers conferred by the DORA Regulation, the Act, these regulations or any regulations issued under the Act; or

(e) contravenes or fails to comply with any of the provisions of the DORA Regulation, the Act, these regulations or any regulations made or rules issued thereunder which implement the DORA Regulation;

shall on conviction, be liable to the punishment of imprisonment for a term not exceeding one (1) year or to a fine (multa) not exceeding one hundred and fifty thousand euro (€150,000) or to both such fine and imprisonment.

(2) The provisions of the Act or these regulations shall not (DIGITAL OPERATIONAL RESILIENCE ACT (DORA))

affect any criminal proceedings that may be competent under any other applicable law.

(3) The Authority shall have the power to:

(a) liaise with the Commissioner of Police to receive specific information related to criminal investigations or proceedings commenced for breaches of the DORA Regulation. The Commissioner of Police shall cooperate with the Authority, thereby providing such specific information related to any criminal investigations or proceedings commenced in relation to such breaches; and

(b) provide the same information received in terms of paragraph (a), and transmit copies of acts and documents of the courts of criminal justice in accordance with the second proviso to article 518 of the Criminal Code, to other authorities which are deemed competent authorities for the purposes of Article 46 of the DORA Regulation, as well as to the European Banking Authority (EBA), European Securities and Markets Authority

(ESMA) or the European Insurance and Occupational Pensions Authority (EIOPA), for the purpose of fulfilling its obligations to cooperate for the purposes of the DORA Regulation and these regulations.